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Re: GreenBackClub post# 49118

Thursday, 03/01/2018 1:13:18 PM

Thursday, March 01, 2018 1:13:18 PM

Post# of 129864
Green,

"Keep in mind that Apple has not yet filed a formal appeal of the final written decision but has notified the PTaB of its intention to do so. Apple will have 63 days from the day the ptab makes its decision on the rehearing motion to formally file an appeal of the ptab’s ipr final written decision."

I believe the timeline is sooner than that. Apple already filed with the US Court of Appeals on January 22, 2018. That case is stayed only until the motion for sanctions is decided at the PTAB. Then, both parties have seven days to get back with the court as to how they should proceed. If I'm reading this correctly, then that court has jurisdiction over all appeals. See below -

02/21/2018
21
ORDER filed. The motion [6] [492803-2] is granted. To the extent necessary, the above-captioned cases are remanded for the limited purpose of allowing the Board to consider Apple's sanctions motions. This court retains jurisdiction over the appeals. Proceedings on these appeals are stayed pending resolution of the sanctions motions. Within seven days from the date of the Board's ruling on the sanctions motions, the parties are directed to inform this court how they believe these appeals should proceed. Service: 02/21/2018 by clerk. [499804] [18-1456, 18-1457] [LS]

JMO